IA/04797/2014 & ors

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/04797/2014
IA/04798/2014
IA/04799/2014
IA/04800/2014
IA/04801/2014


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 30 June 2015
On 7 July 2015




Before

DEPUTY UPPER TRIBUNAL JUDGE PEART


Between

peter kojo minah
bernice odonker
pearl nana afra-minah
grace edna maame ekua minah
peter kojo minah
(anonymity direction not made)

Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellants: None
For the Respondent: Mr Melvin, Senior Home Office Presenting Officer


DECISION AND REASONS

1. In my decision promulgated on 10 December 2014, I found the judge erred in his Article 8 assessment. I set aside the decision of the First-tier Judge, such decision to be remade by me.
2. The appeal came back before me on 24 February 2015 but was adjourned to enable the appellants inter alia to file and serve an updated bundle and skeleton argument dealing with the matters raised in Duncan Lewis' letter to the Upper Tribunal of 20 February 2015 and issues regarding the leave status of the appellants raised before me.
3. Prior to the hearing on 30 June 2015, the first appellant lodged a bundle of documents which he asked me to take into account. In particular, he wanted to pursue issues regarding unfairness with regard to a dismissed appeal against the decision of Judge Morris in 2010 permission to appeal having been refused by the First-tier Tribunal in February 2011 and the Upper Tribunal in April 2011.
4. The only appeal before me resulted from an application made subsequent to April 2011. In such circumstances and bearing in mind what I have to say at [5] and [6] below, I do not accept that the first appellant is entitled to re-argue events from 2010 with regard to the adverse decision of Judge Morris.
5. I have considered the circumstances in terms of Rule 17A of the Tribunal Procedure (Upper Tribunal) Rules 2008 and s.104A of the Nationality, Immigration and Asylum Act 2002.
6. On 12 March 2015, all the appellants were granted leave to remain in the United Kingdom, valid until 12 September 2017. I find the effect of that grant of leave is such that the appellant's appeal shall be treated as abandoned under s.104A.

Notice of Decision

The appeal is abandoned. There is no appeal before the Upper Tribunal.

No anonymity direction is made.



Signed Date 3 July 2015


Deputy Upper Tribunal Judge Peart



FEE AWARD


The appeal is abandoned and therefore I have no jurisdiction to make a fee award.






Signed Date 3 July 2015


Deputy Upper Tribunal Judge Peart